Major media organizations, including AP and CNN declared Democratic candidate Jim Tester the victor in the Montana Senate race against Republican Conrad Burns.
Though Burns has not yet conceded, he'll be unable to request a recount, RAW STORY has learned.
In 2005, Montana state code 13-16-201--the section concerning recounts in close or contested elections--states, "a candidate for a congressional office, a state or district office voted on in more than one county, the legislature, or judge of the district court is defeated by a margin not exceeding 1/4 of 1% of the total votes cast for all candidates for the same position."
However, with all precincts apparently accounted for, and votes totalling 400,000, Burn trails Tester by 3000 votes. That margin, while slim, is greater than one-half of one-percent, and therefore not eligible for a state-sanctioned recount.
http://www.rawstory.com/news/2006/Montana_law_may_forbid_Burns_recount_1108.html